The legal impact of exiting the European Union after 47 years of membership, a growing focus on digital markets, and increasingly robust enforcement by the Competition and Markets Authority (“CMA”) are among the defining developments in UK competition law and policy during 2020.  In addition, as with many jurisdictions worldwide, the Covid-19 pandemic has had…

The December 24 announcement that the European Union (EU) and the United Kingdom (UK) had reached an agreement in principle on a new Trade and Cooperation Agreement (the TCA) was greeted with sighs of relief on both sides of the Channel.  For competition lawyers and parties engaged in M&A activities, however, the work of clarifying…

On 2 December 2020, the European Commission published a Notice to Stakeholders on Brexit and EU competition law.[1]  It essentially reflects the UK position as set out in CMA guidance published on 1 December 2020.[2] These papers are equivalent to the divorce papers governing the children’s custody. Who has the kids and when over the…

Months before the prospective final Brexit, the ECJ laid what is in all likelihood the last State aid milestone on the UK’s path out of the European Union – at the same time, the ECJ’s judgment in the „Hinkley Point C“ case (Case C-594/18 P Austria v Commission) is a farewell gift to the remaining…

The Coronavirus crisis has shown how governments and competition authorities around the world have been able and willing to act in a crisis-and the UK government and the CMA have been no exception. If we can do this to fight one (hopefully, short-term) crisis why can’t we show the same resolve in the face of…

Summary On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal’s (CAT) quashing of the Competition and Markets Authority’s (CMA)  decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions in the market by pricing their epilepsy drug unfairly. Among other aspects, the Court of Appeal broadly upheld the CAT’s…

Whilst the EU-UK trade negotiations have barely commenced, one thing is already quite clear: the two sides are poles apart on the key issue of level playing field (LPF) provisions and the extent to which these should feature in a future EU-UK free trade agreement.  The aim of these provisions, as originally set out in…

As you are aware, the UK will be leaving the EU this Friday 31 January (Exit Day). The CMA has published guidance on how Brexit affects the CMA’s powers and processes for antitrust enforcement and merger control during the Transition Period, towards the end of that period, and after it ends. The guidance also explains…

UK Competition Appeal Tribunal Judgment: Pushing the Envelope on Abuse of Dominance The CAT’s Royal Mail v Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice.   On 12 November 2019, the UK Competition Appeal Tribunal (the CAT) published its judgment rejecting Royal Mail’s appeal against…

In his letter to Government[1] from February this year, the Chairman of the UK Competition and Markets Authority (“CMA”) proposed the introduction of a mandatory and suspensory notification regime in the UK for “larger mergers”. The adoption of this proposal would result in the creation of a hybrid regime in the UK, with the notification…